Wisconsin Legislature: Registration of land surveyors

The Department of Industry, Labor and Human Relations lost discretionary authority to make expenditures from the Unemployment Compensation "interest and penalties" Fund when the Legislature reenacted sec. 20.445(1)(v), Stats., in 1977, but the Department remains responsible for collection of credit extended under the old law. (Unpub.). 49-1978

Veto

See County Executive's Veto; Governor's veto

Waste management system

Towns, villages and cities in counties establishing a county solid waste management system under sec. 59.07(135), Stats., may be taxed for the capital costs of the county-wide system, but not for the operating costs. 67-77

Wisconsin Higher Education Corporation

The Wisconsin Higher Education Corporation may provide administrative services to lenders, charge a reasonable fee, and may transfer any excess funds it receives from such fees to the appropriations of the Higher Education Aids Board, or the state. (Unpub.). 3-1977

ARCHITECTS AND ENGINEERS

Business title

Whether use of terms "engineer" or "engineering" in business title violates ch. 443, Stats., depends on a case-by-case analysis of the circumstances to determine whether these terms tend to convey the impression that a person or business is offering professional engineering services when it is not certified to do so. 70-131

Certification of out-of-state surveyors

The Examining Board of Architects, Professional Engineers, Designers and Land Surveyors may not promulgate a rule requiring out-of-state applicants for certification as land surveyors to pass an examination concerning Wisconsin practices and procedures if they possess a valid certification in another state. 76-49

Designer Section

The Designer Section of the Examining Board of Architects, Professional Engineers, Designers and Land Surveyors does not have rulemaking authority. 74-200

Engineer

Examining Board

The examining Board is empowered to adopt a rule requiring an applicant for registration as a professional engineer to have practiced engineering in Wisconsin or have had contacts with the state such that the applicant is familiar with Wisconsin law and practice. It is not unconstitutional to register without a diploma applicants who have twelve or more years of experience in engineering work, nor is it unconstitutional to register without examination applicants who are not less than age thirty-five and who have twelve years of experience. Further, it would not be unconstitutional to impose a ten-day residence requirement prior to application. 70-156

Registration of land surveyors

Examining Board, rather than constituent sections, has rule-making authority and may adopt a rule interpreting sec. 443.02(3)(a)4., for registering land surveyor applicants, to require applicants to show knowledge regarding land surveying procedures and practices peculiar to Wisconsin. (Unpub.). 73-1978

State contracts

State contracts for the purchase of professional architectural and engineering consulting services must comply with the bidding requirements of sec. 16.75(1), Stats., unless waived by the Governor. 65-251

ARREST

See also CRIMINAL LAW; PRISONS AND PRISONERS

Anonymous telephone tip

An anonymous telephone tip to the police that a specified vehicle is being driven by an unlicensed person does not create an articulable and reasonable suspicion of illegality justifying an investigatory stop of the auto and driver. Under certain very limited circumstances, however, information from an anonymous informant may authorize a stop-and-frisk or an investigatory vehicle stop. 68-347

Conservation wardens

A conservation warden, acting pursuant to the arrest power conferred upon him by sec. 29.05(1), Stats., may arrest with or without a warrant, any person detected in the actual violation, or any person whom such officer has reasonable cause to believe guilty of a violation of ch. 350, except where applicable to highways. A conservation warden has the power under sec. 29.05(1), Stats., to stop any snowmobile and to make necessary inquiries, if he has reasonable cause to believe there is a violation of ch. 350, and to conduct a limited weapon search where he reasonably suspects that he or another is in danger of physical injury. 64-166

The power of arrest of DNR wardens is limited by statute; they do not have general law enforcement authority except on state-owned lands, and property under DNR's supervision, management and control including the power to arrest violators of state law on all bodies of water which lie exclusively within such area, as determined by facility boundaries. 68-326

Domestic dispute, no-contact provision

A warrantless arrest and detention for bail jumping, section 946.49, Stats., is authorized if probable cause exists that the arrestee violated the contact prohibition in section 968.075(5)(a)1. after being released under chapter 969. 78-177

Drunk driving

Counties can enter into reciprocal mutual assistance agreements whereby they can agree in advance to cooperate in the arrest of persons suspected of violating drunk driving laws who are involved in an accident in one county and transported to a hospital in another county. 72-85

Section 345.24, Stats., does not require the release of a person twelve hours after his arrest for one of the alcohol-related driving offenses specified in that statute if the person's blood-alcohol content still exceeds .05 percent, as long as the person is brought before a court without unreasonable delay. 76-95

Employer and employe

1. A licensing agency may not ask an applicant about juvenile delinquency records. 2. A licensing agency may request information from an applicant regarding conviction records under sec. 111.32(5)(h), Stats. 67-327

Implied consent

A driver of a motor vehicle cannot be asked to take a test to determine alcoholic intoxication pursuant to sec. 343.305(2)(am), Stats., unless there has been a lawful arrest. 67-314

Mandatory

The provisions of section 968.075, Stats., apply to roommates living in university residence halls, whether privately or state owned. If the criteria requiring arrest under section 968.075(2) exist, the law enforcement officer must make a custodial arrest. 79-109

Parking forfeiture

Section 349.03(2m), Stats., prohibits both prejudgment and postjudgment arrest for failure to pay a parking forfeiture. 70-285

Warrantless

ARSON BUREAU, STATE

Search and seizure

State Arson Bureau and local fire and police departments are subject to the Fourth Amendment warrant requirements of the U.S. Constitution in conducting searches for evidence of arson. If consent to search is sought, very general guidelines are that a tenant or co-tenant may consent to search of area under his control, while consent to search a common area may be given by landlord or, if objector could not reasonably expect privacy, by a tenant. 68-225

ARTICLES OF INCORPORATION